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Court strikes secret police recording from trial and dismisses all charges against protestor

Published

1 month ago

4 minute read

From the Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms is pleased to announce that all charges against peaceful Freedom Convoy protestor Ben Spicer have been dropped. Mr. Spicer was arrested in Ottawa on February 19, 2022, and charged with mischief, obstructing justice, and weapons charges. In his decision, Justice Timothy Lipson ruled that a secret recording of Mr. Spicer violated his Charter rights.

Like thousands of other Canadians, Mr. Spicer attended the peaceful Freedom Convoy protest in the nation’s capital. He was standing near the intersection of Bank Street and Sparks Street when police struck him at least twice in the midsection. An officer pulled him off the ground and handed him over to another officer. His backpack and jacket were searched, revealing a can of bear spray and a folding pocketknife. He explained that these were from a recent hiking trip. He had not taken the items out of his backpack or jacket at any time during the protest.

Officers loaded Mr. Spicer into a police van – equipped with a video and audio recording device. Mr. Spicer was not aware that he was being recorded. There were no signs, and he was not told by the officers. At no point was Mr. Spicer able to access legal counsel.

His trial proceeded at the Ontario Court of Justice from November 6 to 8, 2023, and again from April 16 to 18, 2024. The Crown tried to submit the recording as evidence against Mr. Spicer. They argued that the Court should infer criminal activity from the contents of the recording and that Mr. Spicer had no reasonable expectation of privacy in a police vehicle. Mr. Spicer’s defence counsel disagreed. To rule that a detainee has no reasonable expectation of privacy while in police custody would be to favour the outcomes of law enforcement without any proper regard for the rights of detainees. His defence also argued that there was no evidence of criminal activity against Mr. Spicer and that his arrest was, therefore, unlawful.

On August 2, 2024, Justice Lipson ruled that Mr. Spicer had a reasonable expectation of privacy while in custody, especially since Mr. Spicer is presumed innocent until proven guilty. Because Justice Lipson found that the secret recording violated Mr. Spicer’s privacy rights, the recording was excluded as evidence from the trial.

Justice Lipson also found that police had no grounds for the arrest. Indeed, police had breached his right not to be arbitrarily detained or imprisoned – protected by section 9 of the Canadian Charter of Rights and Freedoms.

Because his arrest was unlawful, Justice Lipson ruled that the search of his backpack and jacket was also unlawful and excluded the contents as evidence as well. All Canadians have the right to be secure against unreasonable search and seizure – protected by section 8 of the Charter. Finally, Justice Lipson found that police had breached his right to retain and instruct counsel without delay – protected by section 10(b) of the Charter. All charges against Mr. Spicer were dismissed.

Lawyer Monick Grenier stated, “I am very satisfied that the judge recognized serious breaches of Mr. Spicer’s section 8, 9, and 10(b) Charter rights, and excluded the evidence after conducting an analysis, effectively gutting the Crown’s case.”

Mr. Spicer stated, “I am extremely grateful for everything that the Justice Centre and Ms. Grenier has done. I thank the Justice Centre for funding my defence, with particular thanks to all those who donated.”

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Trial for Freedom Convoy leaders ends, verdict may take 6 months

Published on September 16, 2024

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From LifeSiteNews

By Anthony Murdoch

In her concluding statements last Friday in an Ottawa courthouse, presiding judge Heather Perkins-McVey said that she does ‘not know’ when a decision will be rendered in the Freedom Convoy leaders’ trial.

The trial for Freedom Convoy leaders Tamara Lich and Chris Barber, which was supposed to have been only 16 days long, has now concluded after over a year, with the presiding judge observing that determining a verdict, which could take up to six months, will be “daunting” task.  

In her concluding statements last Friday in an Ottawa courthouse, presiding judge Heather Perkins-McVey said that she does “not know” when she will “be in a position to give my decision,” adding that coming up with a verdict will be “a little daunting.” 

The judge has promised that on November 26, she will be providing an update as to when a decision could be forthcoming.  

The trial has been ongoing for over one year and began on September 3, 2023. As reported by LifeSiteNews, both Lich and Barber face a possible 10-year prison sentence for their role in the 2022 Freedom Convoy.

In an X post on Friday, Lich shared her thoughts on the trial finally wrapping up.  

“Well, that’s a wrap to the Longest Mischief Trial of All Time,” she wrote. 

“The Crown really disappointed me today. His remarks about the Event That Shall Not Be Named (Freedom Convoy) being nothing more than a weekend party are indicative of a level of smugness and elitism that I can never and will never understand,” added Lich.

Both Lich and Barber had attended the hearings in person, travelling from their homes in Alberta and Saskatchewan respectively. Last Friday, however, they attended via video.

The Crown prosecution has held steadfast to the notion that Lich and Barber somehow influenced the protesters’ actions through their words as part of a co-conspiracy. This claim has been rejected by the defense as weak. 

It has also been asserted “that the absence of violence or peaceful nature of the protest didn’t make it lawful, emphasizing that the onus was on the Crown to prove the protest’s unlawfulness.” 

The reality is that Lich and Barber collaborated with police on many occasions so that the protest remained law abiding.  

The Democracy Fund, which is crowdfunding Lich’s legal costs, noted in one of its last legal updates of the trial that it expected the Crown would try to prove the leaders were “co-conspirators,” meaning that accusations placed against one leader automatically apply to the other.

As reported by LifeSiteNews at the time, despite the non-violent nature of the protest and the charges, Lich was jailed for  weeks before she was granted bail. 

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Censorship Industrial Complex

Jordan Peterson agrees to social media ‘training’ mandate to defend free speech for all Canadians

Published on September 16, 2024

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The Canadian author and psychologist revealed that he will undergo ‘re-education’ mandated by the College of Psychologists of Ontario to fight for Canadian professionals who are not able to stand up to the  mob.

Dr. Jordan Peterson accepted the College of Psychologists of Ontario’s (CPO) social media “training” as a way to defend free speech for all Canadians.

In an op-ed published September 14th by the National Post, the best-selling Canadian author and clinical psychologist who gained fame for his opposition to compelled speech and gender ideology, announced that he will undergo the social media “training” mandated by the CPO for challenging the LGBT agenda.

“I have accepted the college’s ruling, even though the so-called ‘social media experts’ recommended by that board are members of a profession that does not exist, and that there is no evidence whatsoever that their recommendations for altering my behaviour, whatever they might be, will have any effect whatsoever on improving my ability to function as a professional psychologist,” he wrote.

Last August, the regulatory body mandated that he undergo social media “training” after complaints related to his posts social media opposing gender ideology, specifically the mutilation of children. Peterson was threatened with the removal of his clinical license if he refused the training.

Peterson has spent months fighting the CPO’s mandate. His case made its way to the Supreme Court of Canada. However, in early August, the court rejected Peterson’s appeal, leading him to finally agree to the re-education program.

Peterson explained that he is “financially independent” and does not need his license to support himself, having closed his clinical practice some time ago.

Nevertheless, he declared that he will not leave quietly, instead fighting for other professionals who do not have the resources to stand up against the LGBT mob.

“However, this is not only about me, since all regulated professionals in our fair country find themselves in the same leaky boat I currently occupy,” he explained.

“Thus, if I capitulate in any manner — if I simply resign, if I settle in any other way without addressing the public issues that have been raised by the case — then all the engineers, teachers, lawyers, physicians, psychologists etc. in Canada remain at risk for reputation, financial security and livelihood every time they dare open their mouths,” he warned.

Peterson also repeated his pledge to publicize “the details of this charade as widely and effectively as possible.”

“There is no bloody way I am going to allow my professional organization to maneuver as they prefer behind closed doors, in the secretive style all petty tyrants prefer,” he declared.

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